15 Reasons You Shouldn t Ignore Medical Malpractice Law

Why You Need a Medical Malpractice Lawyer

A medical malpractice lawyer helps injured victims receive compensation for their losses. The common law system regulates medical malpractice lawsuits.

In common law, doctors must follow an ethical standard when treating their patients. If a doctor deviates from the accepted medical norms and results in an injury or death, he may be liable for negligence.

Duty of Care

Medical professionals must adhere to a set standards that are accepted by the medical profession as reasonable and prudent in their medical care. A patient could be in a position to file a lawsuit against a medical professional if those standards aren't met and the breach causes injuries or health issues.

The first element of a malpractice lawsuit is to prove that you had a doctor-patient relationship with the healthcare provider and that the person or entity owed you a duty to act in a reasonable manner. Then, you must show the breach of the duty occurred. This is usually done through the use of expert testimony that can provide an objective analysis and evaluation of the situation.

An expert witness can determine whether the defendant's actions fell less than the accepted standard in your particular case. In order for Medical Malpractice Attorney the expert to make this determination, they will need to be able review your medical records and conduct an examination or interview with you.

You must be able to demonstrate that the breach directly caused your injury. Causation is the third factor in a claim for malpractice. In most cases, you will require an exact cause-and-effect link between the breach of duty and subsequent injury. For instance, a misdiagnosis could result in the wrong treatment or medication being administered and that results in an adverse reaction like heart attacks.

Breach of Duty

As with all people, are required by law to fulfill a obligation to exercise reasonable care and caution. Doctors are held to an elevated standard but because they are medical experts and make life-or-death decisions. The duty of care is set in the law and standards that govern specific kinds of treatments and procedures.

In a case of negligence it is crucial to prove that the defendant owed the obligation of taking care of the plaintiff. It must be proved that the defendant violated that duty of care. This means that the doctor failed to meet the standards of care in this particular situation. The standard of care is usually determined by what a reasonable person would do in the same situation. A reasonable driver, for instance would not operate the traffic light.

In a case of malpractice, expert witnesses may be required to testify regarding the standard of care that was breached and how the standard was violated. They can also explain the reason for the injury and what could have been done to prevent it from happening.

Damages

In the United States, physicians are required to have malpractice insurance in order to protect themselves against any damages that could result due to medical negligence. In order to make an action for damages the plaintiff has to prove actual financial losses (such as medical expenses and lost wages) as well as non-economic losses (such as pain and suffering).

The amount you receive from a successful malpractice lawsuit is contingent upon how well your New York medical malpractice attorney will argue for your losses. Your attorney will be able to establish the medically necessary expenses through a review of your medical records, evidence from experts, and the use of economic experts. Your medical malpractice lawyer must prove the loss of earnings by proving the amount of days you were absent working due to medical conditions, and also that these missed days were due to the defendant’s negligence.

Non-economic damages can be more difficult to prove and may require the help of a professional who can testify about your physical, emotional, and mental pain because of the negligence of the defendant. Loss of consortium is another type of non-economic damage. This is the inability of having an intimate relationship with your spouse or any other significant individual as you once did. The attorney representing the defendant will challenge your non-economic damages by a process of depositions, interrogatories, and requests for documents and statements under oath.

Statute of limitations

In New York, as with every state, there's a set of time limitations - referred to as statutes or limitations within which a medical malpractice lawsuit must be filed, or medical malpractice Attorney otherwise it will be rejected by the courts. A New York medical malpractice attorney who is experienced will be familiar with the specifics of these deadlines. They will also ensure that your claim is filed prior to the deadlines set forth by law.

In the majority of instances, the victim of medical malpractice has to present a lawsuit within two and a half years from the date on which the act or omission of a medical professional resulted in the death or injury. As with all laws this one is not without exceptions. For instance, if the error committed by the health care provider was part of a continuing course of treatment, the "clock" of 30 months will not begin until the course of treatment has been completed or the patient has been informed of the diagnosis.

In certain instances, a patient may not recognize the problem until quite a while later for instance in the event that a foreign substance is left in the body following surgery or treatment. To deal with this issue, a majority of states have implemented what is known as the discovery rule. This allows injured victims in certain situations to extend their deadlines. Your attorney will be aware of specific laws in your state and carefully examine your case's timeline to avoid any administrative errors that could delay your claim.